New Acts – legislation.gov.uk

2019 c. 18 – Mental Capacity (Amendment) Act 2019

2019 c. 17 – Offensive Weapons Act 2019

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 20th, 2019 in legislation by tracey

The Communications Data Acquisition Regulations 2019

The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 16) Order 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 20th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

National Car Parks Ltd v Revenue And Customs [2019] EWCA Civ 854 (20 May 2019)

RA (Iraq) v The Secretary of State for the Home Department [2019] EWCA Civ 850 (17 May 2019)

Revenue And Customs v Fortyseven Park Street Ltd [2019] EWCA Civ 849 (17 May 2019)

Zurich Insurance Plc v Romaine [2019] EWCA Civ 851 (17 May 2019)

Serafin v Malkiewicz & Ors [2019] EWCA Civ 852 (17 May 2019)

HM Revenue and Customs v Smart Price Midlands Ltd & Anor [2019] EWCA Civ 841 (16 May 2019)

The Secretary of State for Work And Pensions v Goulding [2019] EWCA Civ 839 (16 May 2019)

Wiltshire Council v Cooper Estates Strategic Land Ltd [2019] EWCA Civ 840 (16 May 2019)

Court of Appeal (Criminal Division)

Kuddus v R. [2019] EWCA Crim 837 (16 May 2019)

High Court (Administrative Court)

ERA, R (On the Application Of) v Basildon And Thurrock Hospitals NHS Foundation Trust & Anor [2019] EWHC 1249 (Admin) (16 May 2019)

Khajuria, R (On the Application Of) v Secretary of State for the Home Department [2019] EWHC 1226 (Admin) (16 May 2019)

Bialkowski v Regional Court In Kielsce, Poland [2019] EWHC 1253 (Admin) (16 May 2019)

High Court (Chancery Division)

Bailey & Anor (As Foreign Representatives of Sturgeon Central Asia Balanced Fund Ltd), Re [2019] EWHC 1215 (Ch) (17 May 2019)

Davies v Wolverhampton Wanderers Football Club (1986) Ltd [2019] EWHC 1252 (Ch) (15 May 2019)

Davies v Wolverhampton Wanderers Football Club (1986) Ltd [2019] EWHC 1252 (Ch) (15 May 2019)

High Court (Commercial Court)

Vodafone Ltd & Ors v The Office of Communications (Ofcom) [2019] EWHC 1234 (Comm) (17 May 2019)

Auden MckEnzie (Pharma Division) Ltd & Ors v Patel & Anor [2019] EWHC 1257 (Comm) (17 May 2019)

GA-Hyun Chung v Silver Dry Bulk Co Ltd [2019] EWHC 1147 (Comm) (17 May 2019)

High Court (Queen’s Bench Division)

Podesta v Akhtar & Anor [2019] EWHC 1245 (QB) (16 May 2019)

Source: www.bailii.org

Gimme Gimme Gimme – Nearly Legal

Posted May 20th, 2019 in appeals, housing, landlord & tenant, news, service charges, tribunals by tracey

‘Curo Places Ltd v Pimlett (LANDLORD AND TENANT – service charges – tenancy agreement of a bungalow in a sheltered housing scheme) (2019) UKUT 130 (LC). Another Upper Tribunal case on a landlord adding additional services and charges to assured tenancy agreements, but where Wilcock v The Guinness Partnership Ltd (2019) UKUT 146 (LC) (our report) concerned an agreement with specified services only, this appeal concerned a tenancy agreement with a clause that did allow the landlord to add additional services and charge for them.’

Full Story

Nearly Legal, 19th May 2019

Source: nearlylegal.co.uk

Build UK’s recommendation on contract terms: a step in the right direction – Practical Law: Construction Blog

Posted May 20th, 2019 in codes of practice, construction industry, contracts, news, standards by tracey

‘Build UK, a leading representative organisation for the construction industry, has published a non-binding recommendation on which contract terms its members should (as a minimum) refrain from using. The recommendation “seeks to form a new common ground between clients and the supply chain on contractual practice in the construction sector” with the key objectives being “to promote collaboration, encourage a fairer allocation of risk through the supply chain, and deliver better project outcomes”. In this blog I look at each of Build UK’s recommendations and consider whether they represent a departure from current market practice, or a consolidation of the examples of best practice that we are already seeing clients and contractors adopting in the current market.’

Full Story

Practical Law: Construction Blog, 15th May 2019

Source: constructionblog.practicallaw.com

Unlawful arrest – inadequate grounds for suspecting person to be guilty of an offence – UK Police Law Blog

‘Where a court finds a wrongful arrest, it is often due to inadequate grounds for belief in its necessity. However, a brief judgment in Smith v Police Service for Northern Ireland [2019] NIQB 39 is a demonstration of where there is a lack of reasonable suspicion that the person arrested has, themselves, committed the offence. Also of interest is the sum for damages – £3,550 for the unlawful arrest and ten hours’ consequent unlawful detention.’

Full Story

UK Police Law Blog, 10th May 2019

Source: ukpolicelawblog.com

Us Too? Bullying and Harassment in the Legal Profession – International Bar Association

‘The legal profession has a problem. In 2018, the International Bar Association (IBA) and market research company Acritas conducted the largest-ever global survey on bullying and sexual harassment in the profession. Nearly 7,000 individuals from 135 countries responded to the survey, from across the spectrum of legal workplaces: law firms, in-house, barristers’ chambers, government and the judiciary. The results provide empirical confirmation that bullying and sexual harassment are rife in the legal profession.’

Full press release

International Bar Association, 15th May 2019

Source: www.ibanet.org/Default.aspx

‘Bullying’ libel judge’s dismissal of claim reversed on appeal – Law Society’s Gazette

‘Appeal judges have strongly criticised the “surprising and troubling” conduct of a High Court judge towards a litigant in person during a defamation hearing, saying he “cast off the mantle of impartiality”. Ruling in Serafin v Malkiewicz and Others, Lord Justice Lewison, Lord Justice McCombe and Lord Justice Haddon-Cave allowed an appeal against Mr Justice Jay’s dismissal of a libel claim against a London Polish-language newspaper.’

Full Story

Law Society's Gazette, 20th May 2019

Source: www.lawgazette.co.uk

Financial Remedy & Divorce Update, May 2019 – Family Law Week

Posted May 20th, 2019 in divorce, families, financial dispute resolution, news, pensions, reasons by tracey

‘Rose-Marie Drury, Senior Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during April 2019.’

Full Story

Family Law Week, 14th May 2019

Source: www.familylawweek.co.uk

Man who ‘confessed’ to raping woman in Facebook message was not prosecuted – The Independent

‘A man who “confessed” on Facebook Messenger to raping a woman in her sleep will not be prosecuted because authorities think there is “no realistic prospect of conviction”, The Independent can reveal.’

Full Story

The Independent, 19th May 2019

Source: www.independent.co.uk

UK property register ‘needed urgently’ to stop money laundering – The Guardian

‘Proposals for the first register of foreign-owned property aimed at preventing “McMafia-style” money laundering should be put in practice urgently and reinforced to plug potential loopholes, the government has been told.’

Full Story

The Guardian, 20th May 2019

Source: www.theguardian.com

Parents of student who died in suicide over anxiety attacks to sue Bristol University – The Independent

‘The parents of a student who took her own life because she was too anxious to make a public presentation are taking legal action against her university.’

Full Story

The Independent, 19th May 2019

Source: www.independent.co.uk